An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

This bill was last introduced in the 43rd Parliament, 2nd Session, which ended in August 2021.

Sponsor

Status

In committee (Senate), as of June 29, 2021
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment amends the Broadcasting Act to, among other things,
(a) add online undertakings — undertakings for the transmission or retransmission of programs over the Internet — as a distinct class of broadcasting undertakings;
(b) update the broadcasting policy for Canada set out in section 3 of that Act by, among other things, providing that the Canadian broadcasting system should serve the needs and interests of all Canadians — including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds — and should provide opportunities for Indigenous persons, programming that reflects Indigenous cultures and that is in Indigenous languages, and programming that is accessible without barriers to persons with disabilities;
(c) specify that the Canadian Radio-television and Telecommunications Commission (the “Commission”) must regulate and supervise the Canadian broadcasting system in a manner that
(i) takes into account the different characteristics of Indigenous language broadcasting and the different conditions under which broadcasting undertakings that provide Indigenous language programming operate,
(ii) is fair and equitable as between broadcasting undertakings providing similar services,
(iii) facilitates the provision of programs that are accessible without barriers to persons with disabilities, and
(iv) takes into account the variety of broadcasting undertakings to which that Act applies and avoids imposing obligations on a class of broadcasting undertakings if doing so will not contribute in a material manner to the implementation of the broadcasting policy;
(d) amend the procedure relating to the issuance by the Governor in Council of policy directions to the Commission;
(e) replace the Commission’s power to impose conditions on a licence with a power to make orders imposing conditions on the carrying on of broadcasting undertakings;
(f) provide the Commission with the power to require that persons carrying on broadcasting undertakings make expenditures to support the Canadian broadcasting system;
(g) authorize the Commission to provide information to the Minister responsible for that Act, the Chief Statistician of Canada and the Commissioner of Competition, and set out in that Act a process by which a person who submits certain types of information to the Commission may designate the information as confidential;
(h) amend the procedure by which the Governor in Council may, under section 28 of that Act, set aside a decision of the Commission to issue, amend or renew a licence or refer such a decision back to the Commission for reconsideration and hearing;
(i) specify that a person shall not carry on a broadcasting undertaking, other than an online undertaking, unless they do so in accordance with a licence or they are exempt from the requirement to hold a licence;
(j) harmonize the punishments for offences under Part II of that Act and clarify that a due diligence defence applies to the existing offences set out in that Act; and
(k) allow for the imposition of administrative monetary penalties for violations of certain provisions of that Act or of the Accessible Canada Act.
The enactment also makes related and consequential amendments to other Acts.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Votes

June 22, 2021 Passed 3rd reading and adoption of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Concurrence at report stage of Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.22; Group 1; Clause 46.1)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.18; Group 1; Clause 23)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.13; Group 1; Clause 10)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.8; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.5; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.4; Group 1; Clause 8)
June 21, 2021 Passed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.10; Group 1; Clause 8)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.2; Group 1; Clause 7)
June 21, 2021 Failed Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts (report stage amendment — Motion No.1; Group 1; Clause 3)
June 7, 2021 Passed Time allocation for Bill C-10, An Act to amend the Broadcasting Act and to make related and consequential amendments to other Acts

Lyne Bessette Liberal Brome—Missisquoi, QC

Thank you, Mr. Chair.

My thanks to all the witnesses for joining us today.

My first question is for the representatives from the Canadian Media Producers Association (CMPA).

Bill C-10 seeks to somewhat level the playing field between the major content distribution companies and our independent Canadian producers.

Ms. Haskett and gentlemen, can you tell us more about the reality and challenges of the small producers you represent?

February 22nd, 2021 / 11:20 a.m.


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President and Chief Executive Officer, Canadian Media Producers Association

Reynolds Mastin

I'm going to turn it over to Damon to give a concrete example of what happens when a producer is able to meaningfully hold on to their IP, but first, just to speak to the specific solution we're proposing, what we would propose is an amendment to Bill C-10 that would empower the CRTC to require codes of practice between independent producers on the one hand and foreign streaming services and Canadian broadcasters on the other hand.

We do not prescribe anything in this proposed amendment in terms of what those codes of practice would look like. We believe that's best worked out by the industry players themselves, with the CRTC being the final authority to make sure that this actually happens.

Damon, can you speak a bit about the power, essentially, of driving growth for your company and the industry when you're able to hold onto your IP?

February 22nd, 2021 / 11:15 a.m.


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Co-Founder and Producer, Racial Equity Media Collective

Amar Wala

For years our communities have felt under-represented within the Canadian broadcast landscape. For decades our stories and attempts to address the issue of systemic racism in the industry have been met with skepticism and outright denial.

BIPOC creators continue to be underfunded, and BIPOC audiences continue to be undervalued. This is a chance for us to heal these wounds.

Bill C-10 is a generational opportunity. We believe the measures we propose will provide lasting and meaningful change for BIPOC creators in Canada's music, TV, film and digital sectors and ensure that we do not lose another generation of storytellers.

More important, with investment in BIPOC creators, the landscape of Canadian media will flourish, enriched with content that equitably reflects this country.

Thank you very much for your time.

Amar Wala Co-Founder and Producer, Racial Equity Media Collective

The REMC is pleased with many of the proposed changes introduced in Bill C-10, in particular, that the act names racialized communities in several instances. Highlighting their voices must be reflected in our broadcast landscape. We must point out, however, that while these words are welcome, similar language has existed in the Broadcasting Act for over 30 years.

The act has included the clear objective of supporting “the multicultural and multiracial nature of Canadian society”. This language, while powerful, has been insufficient and has led to little measurable change. The REMC believes that the current language in the new bill, while improved, must go further.

If the bill's stated equity goals are to be successful, they must be measurable, monitored and enforceable. Otherwise, history will repeat itself.

We understand that the bill is tackling huge issues facing our industry, but anti-racism cannot take a back seat. It must remain a primary focus.

The REMC offers the following three key recommendations that we believe will move the act and Governor in Council directives from aspirational to accountable.

Reynolds Mastin President and Chief Executive Officer, Canadian Media Producers Association

However, as the Internet altered how audiences access content, streaming services have become some of the most influential corporations on the planet.

As buyers of our members' content, this has given them an outsized advantage in negotiations. A “successful streaming deal” for producers today means they get a payment up front, they surrender global IP rights and, if they're lucky, they become an employee on their own show, while forgoing future revenues that would arise if the show becomes a hit, or if it is replicated in other markets.

The result is a vacuuming sound that is getting louder by the day. The sound of Canadian IP and the revenues it generates being sucked out of Canada by foreign web giants.

What is the solution? It's codes of practice. Essentially, codes of practice, or as they are commonly referred to “terms of trade”, are template structures for negotiations. You can think of codes of practice as agreed-upon rules of the road, a set of baseline conditions under which future individual negotiations can take place in good faith.

Codes of practice would enable Canada's independent producers to negotiate deals where they are able to hold on to at least some of the IP rights in a project they have developed, and in doing so, have the potential for a reliable source of revenue that can be used to invest in future projects, develop a slate of new Canadian shows and ultimately build strong Canadian companies.

To further underscore the importance of Canadian IP, we are also requesting that ownership of Canadian programs by Canadians be included as a policy objective of the Broadcasting Act.

In closing, we applaud the government for the introduction of Bill C-10, and we believe it is a key milestone for Canada's digital economy.

I look forward to answering your questions, along with my colleagues, two prominent independent producers who can provide real-world perspectives on these very important issues.

Damon D'Oliveira Partner, Conquering Lion Pictures Inc., Canadian Media Producers Association

That future will, in no small part, be determined by the fate of Bill C-10, and the tools it would confer on the CRTC to regulate foreign web giants.

The Internet has fundamentally transformed the way in which content reaches Canadian audiences, and streaming services have revolutionized the way in which film and TV content is shared. However, in the process, the control and benefits associated with that content, the content produced by our members, has shifted. Global streaming platforms are not just aggregating unprecedented catalogues of content, they're amassing enormous control, leverage, economic power and cultural influence.

The fuel that drives the growth and success of the media production sector is intellectual property, or IP for short. Intellectual properties are the ideas, the characters, the voices and ultimately the stories that anchor film and television content. IP is also the leverage that producers have, when negotiating with those who can connect the producers' content to audiences.

For a producer, it takes significant vision, financial investment and a time commitment, usually measured in years, to develop a concept into a viable piece of IP. This is a risk that producers willingly take on. It is our job.

Erin Haskett President and Executive Producer, Lark Productions, Canadian Media Producers Association

Hello, Mr. Chair, and committee members.

My name is Erin Haskett. I'm the chair of the Canadian Media Producers Association and president of Lark Productions. Lark is a Vancouver-based production company behind such shows as Fortunate Son, Family Law and Motive.

With me today is Damon D'Oliveira. Damon is the vice-chair of the CMPA board of directors and co-founder of Conquering Lion Pictures, which produced the mini-series Book of Negroes. I'm also joined by Reynolds Mastin, president and CEO of the CMPA.

I want to thank you for inviting us to appear today to contribute to this committee's study of Bill C-10, and especially to thank all members of the committee for the spirit of constructive collaboration that you have brought to the study of this bill.

The CMPA supports the passage of Bill C-10, but we are here to talk about two changes that should be made to ensure a strong and vibrant industry for Canadian content: one, empowering the CRTC to ensure fair deals between streaming services or broadcasters with independent producers through codes of practice; and two, ensuring that Canadians continue to own Canadian content.

The CMPA represents hundreds of Canadian independent production companies engaged in the development, production and distribution of English-language content for the screen.

Have a favourite Canadian TV show? Our members likely produced it.

We work on behalf of those members to ensure a bright future for Canada's media production sector.

February 22nd, 2021 / 11 a.m.


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Journalist and Executive Director, Canadian Association of Black Journalists

Nadia Stewart

As we mentioned then, there has not been research on Canadian newsroom demographics since the mid-2000s. This should serve as a testament to how much this industry has been held accountable when it comes to racial equity. The only statistics I can point to today are from a decade ago, and they're abysmal. Among news managers of media outlets in the greater Toronto area, researchers from Ryerson University found only 4.8% of media leaders identified as visible minorities.

Racialized journalists were also under-represented among columnists, photographers, hosts and even experts. This is the same problem that has existed since the Canadian Association of Black Journalists, CABJ for short, was first founded in 1996. One of the organization's founding members, Hamlin Grange, said, “The sad fact is that though our skin colour makes us highly visible among journalists, we are all but invisible in Canadian newsrooms.” What was true then is still true today.

After the calls to action were released last January, the response we received came largely from other journalists and independent digital start-ups, the kinds of forward-thinking media companies advancing the conversation around diversity, equity and inclusion in media, but from establishment media—CBC, Corus Entertainment, CTV and others—there was no response, not one. There was nothing from the major players in print journalism either. In fact, we would not hear anything from the mainstream media until June 2020. That is when suddenly the industry woke up, unable to continue ignoring anti-Black racism in the wake of George Floyd's murder. Suddenly our organization was engaged in conversations with media companies across the industry about what change really looks like.

In case you missed it, Black journalists have been speaking for decades, sharing the painful truths of what life has been like for them in this industry, the covert and overt racism, the mountain of microaggressions and the unacceptable use of the N-word in newsrooms by their own co-workers. Even though these stories have surfaced, even though our organization and others are speaking, there remains a deep concern that, unless more meaningful measures are taken, nothing will truly change. This is an industry with a long history of lip service but little oversight to hold it accountable. What is desperately needed here is accountability, which brings us to our thoughts about Bill C-10.

We note that there is amended language calling for updated policies within the Broadcasting Act that ensure the system serves the needs and interests of all Canadians, including Canadians from racialized communities and Canadians of diverse ethnocultural backgrounds. Our concern is that this language won't change anything, because the language does not explicitly protect Black content or Black content creators. Furthermore, it does not appear as though there are any clear consequences for broadcasters and media companies who do not create or make available programming to Black Canadians. We feel there is a need for more specificity.

This is extremely important. How and why should Black Canadians trust that a body—that's the CRTC—which does not truly reflect all of Canada, will hold accountable companies who fail to do the same?

We are willing to engage with members of this committee and the CRTC to talk about what could be effective.

Here are some examples for you: This might look like policies ensuring Black-owned media outlets are supported and protected in the midst of a changing industry. Additional financial contributions to the Canadian broadcasting system could also be used to support Black media entrepreneurs through new or existing programs. It could mean policies upheld by the CRTC clearly incorporating criteria and consequences related to diversity in issuing and renewing licences. Finally, it could mean a commitment to ensuring licensees have equitable representation in positions of leadership, a commitment that goes beyond gender parity to racial parity, something even this country's political parties have failed to achieve.

According to Statistics Canada, this country's Black population has doubled in size from just over half a million in 1996 to nearly 1.2 million in 2016. It is high time that growth be truly reflected in Canadian media.

The CABJ is doing its part in spite of the deep systemic barriers that still exist in this industry and in this country. Imagine what could be possible if those barriers were removed and replaced with an equitable, accessible system that did not limit the potential of Black journalists and content creators? Our hope is that Bill C-10 is a step in that direction.

Thank you.

The Chair Liberal Scott Simms

Welcome back everyone to our ongoing study of Bill C-10.

Just by way of a quick announcement, if anyone encounters an issue with simultaneous interpretation, please flag it immediately to the chair. If you cannot listen to the conversation in the language of your choice, either English or French, please let us know by waving as soon as you can so that way we can fix it as soon as possible. Keep in mind that we have to have interpretation in order to proceed.

Speaking of which, we have everybody online with the exception of Mr. Rayes. Right now we're having some technical difficulties with his connection. We'll get to that a little bit later. We're working with IT at the moment.

In the meantime, I want to welcome our guests today. From the Canadian Association of Black Journalists, we have Nadia Stewart, journalist and executive director. From the Canadian Media Producers Association, we have Reynolds Mastin, president and CEO; Erin Haskett, president and executive producer for Lark Productions; and Damon D'Oliveira, partner with Conquering Lion Pictures Incorporated. In our third group, from the Racial Equity Media Collective, we have Sherien Barsoum, co-founder, and Amar Wala, director and producer.

Guests, we give each of you five minutes to do your presentation. I'll let you hand it back and forth if you wish, but we're going to start with five minutes for Madam Nadia Stewart, Canadian Association of Black Journalists.

Ms. Stewart, please.

The Chair Liberal Scott Simms

I thank you for that.

Okay, folks, that brings us to the end of our witness testimony. Let me outline once again. We have about 20 minutes left until voting time, so here's what I'm proposing. With that timing, it will be around 2:30 eastern time when we conclude the vote.

I suggested earlier that we come back for committee business, only to outline what I was thinking about the timing of this study of Bill C-10 and the date proposed for when we can start clause-by-clause. I have a date in mind right now, but given that we're already inviting people back, I suspect that date may be moved.

It's just a discussion, but if you feel that time.... I know you were anticipating a vote today, and I know you're probably anticipating that this will be cancelled. I didn't communicate that we would be doing committee business, so I respect that. I would like to have a committee business meeting, but if you don't and I get a critical mass of MPs who don't want to go, that's fine. I can communicate via email what I was thinking about the timing.

Are there any comments from that?

Mr. Champoux, you may go ahead.

Joel Fortune Legal Counsel, Independent Broadcast Group

Under the existing Broadcasting Act, the CRTC has the authority to oversee all aspects of the broadcasting industry, and the CRTC's powers are technologically neutral. Bill C-10 will change this. The CRTC's authority to oversee companies that use the Internet to distribute programming services will be stripped away.

What does this mean in practical terms? First, Canada's cable satellite and IPTV distributors are all moving to Internet-based distribution. Once these established distributors move to the Internet, the foundation for the existing CRTC rules will be gone. This includes the foundation for rules that ensure Canadians have access to Canadian services and the rules that protect consumers, such as those that require advance notice of service changes.

Second, new global web giants are entering the Canadian market with their own distribution platforms. This includes making apps and services available through services like Amazon's Fire TV Stick and Apple TV, and also on set-top boxes like Roku and other Android devices.

Canadian programming services are already in a battle for visibility and fair access on all these platforms and others. No one knows what the future holds, but the Internet is not immune to consolidation and market abuses. Some elements of the emerging Internet of 20 years ago are now dominated by a few web giants. Governments around the world are awake to the potential harms this can cause, but Bill C-10 is not.

The CRTC needs the basic authority to oversee how Canadian services are treated and to make sure we have fair access to our own market, including on Internet platforms.

IBG has proposed simple changes to Bill C-10 to preserve the CRTC's authority over Internet distribution: first, to ensure that Canadian services are visible to consumers; second, if necessary, to require designated Canadian services to be offered on Internet platforms; third, to make regulations regarding the distribution of programming services, regardless of the technology used; and fourth, to resolve disputes between different types of broadcasting undertakings.

The act must also include related policy objectives for Internet distribution, which we propose.

Lastly, Bill C-10 removes the objective of Canadians' having any ownership interest in our own broadcasting system. We have proposed updated language that safeguards this objective while recognizing the importance of diverse and independent media ownership.

We have tabled our proposed amendments with the committee.

Incidentally, if the committee is concerned regarding how consumers are treated by Internet distributors, you may also wish to look at new paragraph 9.1(1)(f), introduced in clause 7 of Bill C-10, to make sure that it does not exclude the Internet, which it currently does.

Thank you for the opportunity to make these remarks. We greatly appreciate the committee's invitation to appear before you today.

Luc Perreault Strategic Advisor, Independent Broadcast Group

Good afternoon, Mr. Chair and members of the committee.

My name is Luc Perreault, and I am a strategic adviser at the Stingray Group, a member of the Independent Broadcast Group, or IBG.

Joining me is Joel Fortune, legal counsel at IBG.

Our group represents 12 independent broadcasting undertakings, which are not affiliated with any of Canada's big cable companies or satellite-television distributors.

Our membership is made up of radio and television broadcasters who are also active throughout the digital media sphere. We provide Canadians with wide-ranging content, from local news, music, weather forecasts and alerts to documentaries, magazine programs, lifestyle programming, dramatic series and sports.

We provide that content in English, French, indigenous languages and 25 third languages spoken in Canada today.

In many ways, independent broadcasters represent Canada's diversity. Collectively, they are major employers in the media sector. We estimate that 40% of all employees in the broadcasting sector work for independent broadcasters. That is equivalent to thousands of jobs and, according to a 2019 study, more than $2.5 billion in direct and indirect economic activity.

Bill C-10 would update the Broadcasting Act to take into account the realities of the Internet. It's critical to get this right. However, the bill has a glaring gap because it fails to regulate Internet-based distribution. Mr. Fortune will now speak to that.

Kevin Desjardins President, Canadian Association of Broadcasters

Thank you, Mr. Chair and members of the committee, for the opportunity to appear before you today on this important piece of legislation.

My name is Kevin Desjardins. I'm the president of the Canadian Association of Broadcasters. The CAB is the national voice of Canada's private broadcasters, representing the vast majority of Canadian private radio and television operators from coast to coast to coast, in both official languages, in communities large and small.

For nearly 100 years, Canadian private broadcasters have been a part of the cultural and economic fabric of the nation. They have provided a platform for Canadian stories, invested in Canadian talent, employed Canadian workers, reflected Canadian diversity, paid Canadian taxes, entertained Canadian audiences and informed the Canadian citizenry. They remain especially proud to be the primary source of news and information in communities across the country.

The legislation we are here to study comes at a critical moment for our sector. Over the past decade, the competitive landscape for Canada's broadcasters has fundamentally changed. Unregulated digital competitors have moved into the Canadian market without hindrance and without oversight. They have fragmented audiences, driven down revenues and driven up programming costs. In short, they have turned traditional broadcasting business models on their head.

Canadian broadcasters are now threatened on both ends of their value chain. The advertising marketplace has changed radically, with online platforms now consuming half of those advertising dollars. In fact, private conventional TV stations posted a negative margin of 7% in 2018-19, the seventh consecutive year of losses, and that was before COVID-19. Similarly, nearly as many Canadian viewers are watching Internet streaming services as watch television through cable and satellite providers. In addition to decreasing audiences and subscriptions, these new over-the-top entrants have fundamentally changed consumer behaviour.

These structural changes require structural solutions. Broadcasters are doing their part, investing in new content and new technologies, following audiences onto new platforms, but they remain hindered by unsustainable and inequitable regulatory obligations. This is why the sector welcomed the introduction of Bill C-10.

The Broadcasting Act is 30 years old, and it shows. The act presumes there are limited ways for content to reach Canadian audiences. This presumption arose at a time when Canadians could only watch or listen to programs over the public airwaves. Because licences to operate broadcasting channels over those airwaves were scarce, they were valuable. Broadcasters' regulatory obligations, especially with respect to Canadian content, were proportionally high.

Today, because audiences have a multitude of content platform options, traditional broadcasting licences are no longer worth what they once were. Nevertheless, regulatory obligations have remained as onerous as ever, and in some cases have become heavier. This has left Canadian broadcasters as some of the most heavily regulated businesses in Canada, attempting to compete in one of the most profoundly disrupted industries in the world.

Together, these trends have created an existential crisis. A study published by Communic@tions Management Inc. last summer estimates that local TV and radio broadcasters stood to lose more than $1 billion in revenues between 2020 and 2022. This situation is simply untenable.

Canada's private broadcasters are not interested in turning back the clock. They are optimistic about the future, they want to continue evolving with Canadians and they remain committed to providing cultural and economic value to the nation. However, they can no longer shoulder the same significant obligations they always have, and they can no longer do it alone. This is why the changes that Bill C-10 will enact are so critical and why we need to move forward expeditiously.

Bringing digital broadcasters into the regulatory system is a necessary first step, which Bill C-10 gets right, but it is not enough to simply apply a parallel regime to extract additional dollars from digital giants. We need to rebalance obligations and create a modern, agile and sustainable regulatory framework that will allow Canadian broadcasters to adapt to the marketplace for decades to come.

These changes are particularly vital for sustaining one of the most important services that our domestic broadcasting industry continues to provide: local news. In an era of misinformation and global pandemics, it is critical that we identify the ways to continue to support local news voices that reflect the reality of the communities in which they live and reflect a fair and accurate vision of Canada back to Canadians.

We must start by empowering local news providers to do what they do best. We know, certainly, that digital giants will have little interest in delivering the evening news in Lethbridge, Saskatoon, Peterborough or Quebec City.

We know that the bill as presented is not perfect. I know that in the coming meetings you will hear from other broadcasters with varying footprints in the Canadian industry, and they will express a range of views. However, I'd like to leave the committee with two key principles on which private broadcasters agree.

Carol Ann Pilon Executive Director, Alliance des producteurs francophones du Canada

Good afternoon.

I am here on behalf of the Alliance des producteurs francophones du Canada, or APFC, which, as you know, represents independent French-speaking producers working in francophone minority communities across Canada.

Our members contribute to the economic well-being, cultural vitality and survival of their communities by promoting a diversity of francophone voices across the country.

The APFC has made its position clear to all of the appropriate authorities regarding the principles that should guide the current review of the Broadcasting Act.

We appreciate this opportunity to do so yet again.

The first principle is to end the preferential treatment for online companies exempting them from the obligation to support the creation and dissemination of Canadian content. Bill C-10 would put an end to that fundamental unfairness. We welcome and wholeheartedly support this change.

The second principle is especially important: to include clear provisions in the objectives of Canada's broadcasting policy that would mandate the Canadian broadcasting system as a whole to reflect the situation of official language minority communities, or OLMCs, and encourage OLMC-produced programs. Currently, only the Canadian Broadcasting Corporation is required under the act to reflect the situation of OLMCs and their unique needs. No such objective applies to the system as a whole.

As a result, the Canadian Radio-television and Telecommunications Commission, or CRTC, imposed specific conditions of licence on the public broadcaster regarding the share of independent programming expenditures that must be allocated to OLMC producers. Other than vague expectations that were not met and an incentive that proved equally ineffective, the CRTC did not impose similar requirements on private broadcasting undertakings.

This underscores the importance of including a clear provision in section 3 giving the CRTC the ability to implement concrete and effective measures aimed at enhancing the vitality of official language minority communities.

This also shows that the Official Languages Act alone is not enough to ensure that the regulations governing Canada's broadcasting system meet the overall objectives of the broadcasting policy. Experience has shown that the CRTC often makes decisions that undermine the interests and vitality of OLMCs.

It is paramount that the Broadcasting Act mention the objectives relating to OLMCs if those objectives are to become a reality. On that point, representatives of both English and French OLMCs agree across the board.

We have attached our proposed amendments to that end. They pertain to sections 3 and 5.

The third principle is to incorporate meaningful provisions in the act to strengthen the foothold of original French-language programming in the Canadian broadcasting system.

Although members of OLMCs are minorities in their respective provinces and territories, francophones as a whole are a minority in Canada, and especially in North America. They become even more vulnerable when their ability to express themselves hinges on market forces alone. For that reason, we are proposing amendments to sections 3 and 11, which are also attached.

Furthermore, as an association that represents independent producers, we urge lawmakers to include a provision, in sections 9 and 10, that would give the CRTC the power to regulate commercial relations between independent producers and broadcasting undertakings. The independent production sector, for the most part, is made up of small and medium-size undertakings; when left to fend for themselves, they have no leverage against large broadcasting groups and international online undertakings, which control access to broadcasting and enjoy annual revenues in the billions. It is imperative that the CRTC have the ability to rebalance and regulate such an uneven distribution of power.

Other aspects of Bill C-10 certainly raise questions and concerns within the community of Canadian cultural content creators and producers, but we have chosen to focus on the issues we feel are most significant, given what we are and who we represent.

That said, the APFC is a member of the Coalition for the Diversity of Cultural Expressions, which the committee will be hearing from later this afternoon. The APFC supports the principles and objectives endorsed by the coalition.

Thank you, and I would be happy to answer any questions you have.

The Chair Liberal Scott Simms

Thank you for joining us. We still have a few members missing, but there is a reason for that.

I just want to say welcome to our guests. We are now officially into the study of Bill C-10.

Let me just start by saying that we are expecting—and you may have been alerted already—a vote to commence in the House. Albeit it's only one vote, it takes a long time.

If the bells go, that gives us 30 minutes of bells and then later on the voting. As you know, we still vote virtually. We don't have the app up and running, so we have to do a voice count virtually. That takes in excess of 45 minutes.

What I'm going to do is this. We're going to proceed. When the bells happen, it's pretty much going to—if I may be so bold to say—wipe out a substantial amount of your testimony. Therefore, what I'm going to say to you is that if the bells go as we expect and the meeting is called to a halt, I'm going to tentatively reschedule the entire meeting for March 12, rather than proceed and give you only a few minutes. Actually, you wouldn't have any minutes.

I want to hear from you, though. You are valued witnesses, suggested by our members, and I would be deeply regretful if we didn't hear from you before we launched into clause-by-clause for Bill C-10. I apologize for this. It is a part of democracy that is very necessary, but sometimes when a vote happens in the House, it conflicts with what we want to do here at the committee.

That being said, I also want to say to my colleagues that, if that happens, I would like to reconvene this meeting for just committee business immediately following the vote. As soon as we get online and as soon as you get into our virtual room, we can have a committee business meeting for just members and designated staff.

Again, I apologize to our witnesses. It's more than likely to happen.

In the meantime, we still have work to do. We haven't been sidelined officially as of yet.

I want to thank our guests for being here. From the Alliance des producteurs francophones du Canada, we have Carol Ann Pilon, executive director. From the Canadian Association of Broadcasters, we have Kevin Desjardins, president. As well, from the Independent Broadcast Group, we have Joel Fortune, legal counsel; and Luc Perreault, strategic adviser.

That being said, we're going to start with Madam Pilon.

The way we normally start this is that you have five minutes to do your opening remarks. I am a little bit flexible on your five minutes, but I don't mean to be rude if I cut you off towards the end.

Nevertheless, Madam Pilon, you have five minutes, please.